SHARDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The informant -petitioner has preferred this revision application against the judgment and order dated 24th May 2002 passed by the 7th Additional Sessions Judge, Gaya in Sessions Trial No. 312 of 1999/129 of 1994 by which the accused opposite party no. 2 Durga Mahto has been acquitted from the charge under Section 307/326 and 341 I.P.C.

(2.) The prosecution case, in brief, is that on 19.1.1993 her nephew Durga Mahto (opposite party no. 2) was demolishing her wall by Khanti at 8 a.m.. Her son Mithilesh informed the petitioner and went to collect the villagers to show the highhandedness of the accused Siya Ram Mahto, Indra Deo Mahto, Ramesh Prasad came to the place of occurrence. Her son informed Dinesh Prasad but he did not come to the place of occurrence. In the meantime, accused Durga Mahto came armed with Garasa and on instigation of Siyaram Mahto he assaulted the informant's son Mithilesh Kumar with Garasa on his head and neck. Several villagers came there and they caught hold of Durga Mahto while he was fleeing away.

(3.) On the basis of the fard beyan of the informant Gurua P. S. Case No. 5 of 1993 was instituted against both the accused Durga Mahto and Siyaram Mahto. After investigation charge sheet was submitted under Sections 324 and 307 I.P.C. against Durga Mahto only. Accordingly, cognizance was taken against him. The case was committed to the court of session where charges were framed under Section 307/326/341 against the sole accused. After trial the accused opposite party no. 2 has been acquitted.